(1)

The Secretary may, by writing, declare that maritime security level 2 or maritime security level 3 is in force for one or more of the following as specified in the declaration:

(a) a security regulated port;
(b) a regulated Australian ship;
(c) an area within a security regulated port;
(d) a maritime industry participant;
(e) operations conducted by a maritime industry participant within, or in connection with, a security regulated port.

(2)

The Secretary may also, by writing, declare that maritime security level 2 or maritime security level 3 is in force for a regulated foreign ship.

(3)

However, the Secretary must not make a declaration under subsection (1) or (2) unless it is appropriate for a higher level of security to be put into place for the port, ship, area or participant concerned because a heightened risk to maritime transport has been identified.

Note: Maritime security plans and ship security plans (see Parts 3 and 4) will set out security activities and measures to be undertaken or implemented when different maritime security levels are in force.